Obstruction of justice

What turned the case against police was a log kept by the department that recorded anyone who viewed the videos and the time frame in which they were reviewed. The log was brought to court by Korber.

Stilling said she likely would have believed the testimony from Korber and LaFavor that the videos were destroyed accidentally; however, her mind was changed when she read the log after the motion hearing.

Stilling said it shook her confidence in Korber’s testimony that the videos were deleted because he thought they merely recorded an accident scene.

Stilling said Korber never testified that he had examined the video multiple times, as recorded in the log. Korber’s contention that he was unaware of what the videos contained does not hold up.

The videos were also examined by Sgt. Greg Satula, Capt. Dennis Angle and Sgt. Tom Wagner.

“It just doesn’t make any sense at all that they didn’t look to make sure it was being preserved because there was going to be a request for it,” Stilling said.

“I’m going to find that this is in some ways a sanction to the police department not to use evidence in this case against this defendant when they’ve destroyed a piece of evidence I think was likely to be exculpatory,” she said.

Exculpatory means the videos likely would have cleared Schroeder of any wrongdoing.

Would the videos have shown that LaFavor, son of Waukesha County Sheriff’s Department Lt. Larry LaFavor, used too much force to subdue Schroeder?

It’s hard to argue against Stilling’s findings because the evidence and testimony from the motion hearing support her ruling. Yet, I find it hard to believe that our cops would be involved in such a cover-up.

Obviously not a Waukesha resident but I can only lament Judge Stilling’s electoral loss to a career prosecutor who probably couldn’t carry her law books. I wonder if her objectivity will be missed in the Waukesha Police Department.

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